Exam 25: Property

The difference between an inter vivos gift and a gift causa mortis is that the inter vivos gift is made during the donor's lifetime and a gift causa mortis is a gift made after the donor's lifetime by the donor's estate.

All bailments have to be by agreement between the bailor and bailee.

Buck, fearing death from severe injuries suffered in a machinery accident, assigned over a certificate of deposit worth $100,000 and delivered the certificate to Pearl, a friend, who gladly accepts. Buck ends up recovering from the injuries. Why must Pearl give the certificate of deposit back to Buck?

Bertha, from Chicago, traveled to San Francisco to attend a conference. Her sister, Martha, lives in San Francisco and consequently, Bertha made arrangements to spend a couple of days with her sister. The next morning sitting at the breakfast table, Bertha realizes that she packed a mismatched pair of shoes (one is black and the other is blue). Luckily, Martha wears the same size of shoes and lends Bertha a pair of black leather pumps. During the day, the shoes are damaged while Bertha is wearing them. Bertha's duty of care would be a duty of

Which of the following would NOT be considered personal property?

Select the correct answer:

If the court awards a partition to co-tenants, the court will normally attempt a partition by kind. If partition by kind is impossible because there is no fair way to divide the property, the court will order the real estate sold and the proceeds equally divided.

You go to a theater to see a play one Saturday evening. You have

Hanna intends to give her granddaughter, Melodee, her antique hat pin. This heirloom has been kept under lock and key in the wall vault in the library of Hanna's house in Virginia. The hat pin is currently the only item in the vault. When Hanna is visiting Melodee in Connecticut, Hanna gives Melodee the only key to the vault. Melodee is grateful for the present and excitedly accepts. In this situation has there been a completed gift?

Landlord-tenant relationships are governed by a mixture of property law, contract law, and tort law.

Juan has the right to walk (or drive)across his neighbor's property to reach the highway. Juan's right is referred to as an easement, which allows use of the land.

​In a condemnation, a court order specifies what compensation is just for the property owner and awards title to the government.

​Jacques informed his tenants that the railing on their balcony was unstable and he was in the process of repairing it. In the meantime, one of the tenants stepped out onto the balcony and fell through the railing. The tenant sued Jacques. Under common law, is the landlord liable?

Ollie leased a building in Old Town. Ollie installed a washer and dryer unit and a new furnace in the basement of the building with new duct work throughout the building. Upon expiration of the lease, Ollie intends to remove the washer and dryer, but not the furnace. The washer and dryer can easily be removed without harming anything. Removal of the furnace, however, will damage the building. Are the washer, dryer, and furnace fixtures?

Discuss the tenant's and the landlord's basic duties under a landlord-tenant relationship.

In many states today a landlord must use reasonable care to maintain safe premises and is liable for foreseeable harm.

The bank who lends money in exchange for a mortgage on the borrower's house is considered to be the

Ted and Janet were married and owned a piece of jungle property in a tenancy by the entirety. When Janet died, her will left all of her real property to T.J., Ted and Janet's adult son. T.J. claims he is the sole owner of the jungle property. Ted objects and files a lawsuit for sole ownership of the jungle property.

Ed wants to give Howard his old car, but Howard says he doesn't want it. Howard later reconsiders and tells Ed he does want the car. His previous repudiation means there is no gift, and Howard has no rights in the car.

In January, Erwin told David, his nephew, that he would give him a car when he graduates from college. David graduated in May. If Erwin refuses to give David a car, David can sue him for breach of an inter vivos gift.